The War Power in an Age of Terrorism

Preface/Acknowledgments Chapter I War and American Democracy Michael A. Genovese Introduction The Predicate The Problem Taming the American Prince Inventing a Presidency Defending the Constitution The Ratification Debates The Rise of Presidential Power Early Practice: The War Powers in Action 9/11: Everything Changed Inter Arma Evin Silent, or, Full Circle and the Return of the King Revolution in Policy Things Change The Presidency, Foreign Policy, and War The Power of Context Chapter II Prescriptions for a New Age What to Do? Constitutional Change Old Wine in New Bottles Just Won't Do: Rethinking the War Powers in an Age of Terrorism Political Changes Presidential Power in a Dangerous Age Is the Presidency Safe for Democracy? Chapter III The Relevance of the War Clause David Gray Adler The War Clause and the Rule of Law 80 Constitutional Arrangement for War Remains Adequate 87 Background on the Constitution and National Security 93 The Claim: Plenary Executive Power in Foreign Affairs 98 The Claim: Unilateral Presidential Power to Use Force 101 The War Clause and Commander in Chief in Context 102 The Claim: The Commander in Chief May Initiate War 116 The Claim: The Vesting Clause Confers Presidential War Power 120 The Claim: Presidential Prerogative and War Making 122 The Claim: The War Clause is Obsolete 123 The Claim: Presidential Information Justifies War Making 131 Chapter IV. Prescriptions for Protecting Constitutional Design for War 134 Conclusions 137 Index 140... Mehr